A Tennessee jury has sided with railroad company CSX in a lawsuit brought by Waverly flood victims' families who said the company’s actions contributed to the 2021 disaster.
The jury reached its verdict Aug. 10 after five days of trial in Nashville’s federal courthouse.
“Our thoughts remain with the families and everyone affected by the 2021 flood in Waverly,” CSX said in a statement provided by a spokesperson. “We're grateful to the jury for its careful consideration of the evidence, and the unanimous verdict affirms what the facts have shown from the start: CSX and its employees acted responsibly, safely, and in full compliance with applicable standards.”
The plaintiffs argued CSX knew there was a serious risk that water pooled behind CSX’s raised
railroad embankment near Trace Creek would eventually wash out the earth and gravel of the embankment, causing about 229 million gallons of water to rush out onto the town at once. They had two legal claims: that CSX wrongfully interfered with the natural drainage of surface water and did not fulfill its duty to warn the authorities or community.
CSX argued that the sheer scale of the flooding, not any purported failures of its embankments, was the cause of the deaths of the plaintiffs' loved ones. The Aug. 21, 2021, flood marked the highest 24-hour rainfall total in Tennessee’s recorded history at 20.73 inches. Not a single weather model predicted the amount of rain that fell.
During the first day of trial, CSX track supervisor Corey Oakley, a lifelong Waverly resident, testified he would have warned people of the risks but did not think a possible washout would have the potential to harm people or their homes. He had never seen a washout of that scale in the area.
Have questions about the justice system? Evan Mealins is the justice reporter for The Tennessean. Contact him with questions, tips or story ideas at emealins@tennessean.com.
This article originally appeared on Nashville Tennessean: Jury finds CSX railroad not liable for 2021 Waverly flood deaths
